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Legal assistance

(Querist) 18 June 2014 This query is : Resolved 
Dear Sirs
I had earlier raised query regarding the refusal of the builder to hand over the original construction agreement to the finance company which has funded my property .This is because only one construction agreement has been registered .The finance company in turn is refusing to disburse balance of 5% . The builder is not ready to take the certified construction agreement and hand over the original document. I was advised to initiate legal action against the builder by the expert forum lawyers. Request if some good lawyers can be recommended in Chennai for me to proceed to initiate legal action .
Devajyoti Barman (Expert) 19 June 2014
Please search from this site.
Rajendra K Goyal (Expert) 19 June 2014
Chennai has got a no.of good lawyers, just visit the court premises and negotiate as per your need and fees payable.
malipeddi jaggarao (Expert) 19 June 2014
No builder will give the original to you. As a POA he will register the flat and will the construction agreement copy as link document. Even if you go to court, he cannot succeed. The Financial Institution is wrong in insisting original agreement between the builder(developer) and the owner of the plot. You can try for Housing Loan from some other Bank.
R.K Nanda (Expert) 19 June 2014
agree with experts.
V.T.Venkataram (Expert) 19 June 2014
I agree with expert Mr. malipeddi jaggarao. You can file a consumer complaint against the finance company.Advocate Mr. Pandian cell no. 09444176199 can help you. you can refer my name to him.
Sankaranarayanan (Expert) 19 June 2014
First you try with other bank is solve your emergency requirement
Biswanath Roy (Expert) 21 June 2014
Try to obtain a certified copy of the agreement or attested copy signed and sealed by a first class gazetted officer and submit the same before your financier inspite of that if the financier disagree to accept then proceed to court for relief.
prabhakar singh (Expert) 21 June 2014
The only option you have lies in suggestion of Mr.Biswanath Roy and if your financier still denies to advance the remainder of 5% loan then it is he to be sued by consumer complaint and not the builder.
T. Kalaiselvan, Advocate (Expert) 22 June 2014
Rightly advised by expert Mr. Prabhakar Singh. I agree with his views that the finance company who failed to keep its commitment shall have to be sued before a consumer forum.


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